Exhibit 10.05(a)
AMENDMENT NO. 1
AMENDED AND RESTATED CUSTOMER AGREEMENT
WHEREAS, XXXXXX XXXXXXX CHARTER [ ] L.P., a Delaware
limited partnership (the "Customer"), and XXXXXX XXXXXXX XX INC., a Delaware
corporation ("Xxxxxx Xxxxxxx XX"), have agreed to amend the Amended and Restated
Customer Agreement, dated as of the 13th day of November 2000 (the "Customer
Agreement"), by and between the Customer and Xxxxxx Xxxxxxx XX, to reduce the
monthly brokerage fee payable to Xxxxxx Xxxxxxx XX.
WHEREAS, all provisions contained in the Customer Agreement
remain in full force and effect and are modified only to the extent necessary to
provide for the amendment set forth below.
NOW, THEREFORE, the parties hereto hereby amend the Customer
Agreement as follows:
1. The monthly brokerage fee percentage referred to in the
first paragraph of Section 5 of the Customer Agreement is hereby reduced to 1/12
of 6.25% (a 6.25% annual rate).
2. The foregoing change shall take effect as of the 1st day
of August 2003.
IN WITNESS WHEREOF, this Amendment to the Customer Agreement
has been executed for and on behalf of the undersigned as of the 3lst day of
July 2003.
XXXXXX XXXXXXX CHARTER [ ] L.P.
By: Demeter Management Corporation,
General Partner
By:
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Name: Xxxxxxx X. Xxxxxxx
Title: President
XXXXXX XXXXXXX XX INC.
By:
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Name: Xxxxxxx X. Xxxxxxx
Title: Executive Director
